According to a source familiar with the situation, the Trump administration has agreed to pay nearly $5 million to the family of Ashli Babbitt, a pro-Donald Trump rioter who was shot and killed after breaking into the US Capitol on January 6, 2021.
Once approved by the court, the settlement will bring an end to Babbitt’s family’s $30 million wrongful death lawsuit.
Prosecutors announced in a hearing earlier this month that a settlement agreement had been reached, though details were not disclosed at the time. The Washington Post was the first to report the settlement amount.
During the attack, Babbitt attempted to climb through a broken window leading to the Speaker’s Lobby outside the House of Representatives chamber, but was shot and killed by a US Capitol Police officer. The officer was cleared of any criminal charges related to the shooting.
During a hearing on May 2, lawyers for Babbitt’s estate and the Justice Department confirmed that a settlement in principle has been reached in the case and that the agreement will cover all aspects of the lawsuit.
In April 2021, the US Attorney for the District of Columbia determined that no federal laws were violated during the shooting. The Justice Department determined that there was “no evidence to establish beyond a reasonable doubt that the officer willfully” used unlawful or excessive force.
“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” according to a statement released at the time.
However, different legal standards apply to civil suits, such as the one filed by Babbitt’s family, and criminal charges.
Capitol Police Chief Tom Manger stated Monday that he is “extremely disappointed and disagrees with this settlement.”
“In 2021, the DOJ investigation found no wrongdoing by police. “This settlement sends a chilling message to law enforcement across the country, particularly those on a protective mission like ours,” Manger said.
CNN has contacted the Babbitt estate attorney and the Justice Department for comment.